What is the onus and evidentiary burden of a judge in determining whether a child over the age of majority should continue to receive child support?

Ontario, Canada


The following excerpt is from P.D. v. J.M., 2008 CanLII 66151 (ON SC):

In the case of Erickson v. Erickson[2], the court addressed the issues of onus and evidentiary burden in making a determination of whether a child over the age of majority is entitled to receive support. Justice M.C. Legere-Sers stated that: “What is clear is that there has to be evidence on which a judge may conclude that a child over the age of majority continues to be entitled to receive assistance. There is no suggestion in any of the case law relating to this enquiry that the court may disregard the rules of evidence or burden of proof. The fact finding process remains an integral part of the process of applying the law on child support to the facts of each case. …. To continue the support beyond majority, there is an onus on the recipient and the adult children to provide the facts to the court.”

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